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9 Cards in this Set

  • Front
  • Back
How do we deal with the supersensitive plaintiff?
The plaintiff's supersensitivity is irrelevant unless the defendant knew about it.
Is an 'incapacitated' person liable for inentional torts?
Does the 'transfered intent' doctrine apply in tort?
Yes. Battery, assault, false imprisonment, trespass to land, trespass to chattles.
What must a plaintiff show to establish a prima facie case for battery?
A harmful or offensive contact with the plaintiff's person.
What must a plaintiff show to establish a prima facie case for assault?
Apprehension of an immediate battery.
What is the bar exam's favorite fact pattern re: assault?
"Huge" plaintiff, "tiny" defendant.
Are words alone enough to establish an assault?
No. Words must be coupled with actions (i.e. someone threatening you while shaking their fist under your nose)
If both battery and assault are viable options, which should you choose?
What must a plaintiff show to make a prima facie case for False Imprisonment?
Sufficient act of restraint to a bounded area.